HOMELESSNESS STRATEGY TOOLKIT · 2018-12-31 · homelessness legislation by placing duties on local authorities to intervene at earlier stages to prevent homelessness in their areas.

Supporting you to prevent homelessness

HOMELESSNESS

STRATEGY

TOOLKIT

PART 1: STRATEGIC CONTEXT

Version 4: November 2017

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Table of Contents

Introduction .............................................................................................................. 3

Changing context for homelessness services ...................................................... 5

Preventing homelessness strategies; the legal imperative .................................. 9

Links to other strategies and plans ...................................................................... 11

Benefits of preventing homelessness strategies ................................................ 14

Preventing homelessness grant ........................................................................... 16

Key factors to consider when undertaking homelessness reviews .................. 17

Consultation approach .......................................................................................... 19

Who to consult: .............................................................................................................. 19

Planning and consultation timeline ...................................................................... 21

Basic principles for successful consultation: ............................................................. 21

Practical considerations ........................................................................................ 23

What should the strategy look like? ............................................................................. 23

Who should support the local preventing homelessness strategy? .......................... 24

Statistical links ....................................................................................................... 27

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Introduction

This toolkit has been produced in order to support local authority colleagues to

develop preventing homelessness strategies that are fit for purpose; strategies that

seek to deliver improved and improving services to anyone in the local area that is

homeless or threatened with homelessness, regardless of whether they may be

owed the main statutory homelessness duty or not.

Every local authority in England should, by law, have an up to date preventing

homelessness strategy that sets out its plans to prevent and tackle homelessness1.

Local authorities’ homelessness strategies should have a lifetime of no longer than 5

years, and local authorities should keep their homelessness strategy under review

modify it from time to time in order to respond to new policy direction and comply

with legal duties2. This is particularly important in light of recent legislative change3.

The first versions of this toolkit were produced to take account of the welfare reforms

introduced by successive governments from 2010. It was also developed in the

context of the Localism Act provisions that came into force in 20114, and to support

local authorities in light of the introduction of s148 and s149 of the Localism Act

20115, which came into force on 9th November 2012. The Homelessness (Suitability

of Accommodation) (England) Order 2012 also came into force on 9th November

2012 and the “Supplementary Guidance on the Homelessness Changes in the

Localism Act 20116 and the Homelessness (Suitability of Accommodation) (England)

Order 2012” was published the day before7.

Version 4 of this toolkit has been updated to take account of the Homelessness

Reduction Act 2017 8 , the most significant change in the legislation governing

homelessness for 20 years. The toolkit also has regard to the new Homelessness

Code of Guidance for Local Authorities (currently in draft form)

The toolkit considers the 10 “Local Authority Challenges” set out in the government

report “Making Every Contact Count: A Joint Approach to Preventing

Homelessness”9 and how local preventing homelessness strategies can contribute to

local authorities achieving ‘Gold Standard’ housing options services.

1 s.1 Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/1 2 s.3(8) Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/3 3 Homelessness Reduction Act 2017, Localism Act 2011, Welfare Reform Act 2012, Legal Aid, Sentencing and Punishment of Offenders Act 2012, Deregulation Act 2015 4 s.145, s.146, s.147, s.150, s.153 Localism Act 2011 - http://www.legislation.gov.uk/ukpga/2011/20/contents 5 S.148, s.149 Localism Act 2011 - http://www.legislation.gov.uk/ukpga/2011/20/contents 6 Supplementary Guidance 2012 - https://www.gov.uk/government/publications/homelessness-changes-in-the-localism-act-2011-supplementary-guidance 7 Homelessness (Suitability of Accommodation) (England) Order 2012 - http://www.legislation.gov.uk/uksi/2012/2601/contents/made 8 9 The second Ministerial Working Group report on homelessness, “Making Every Contact Count: A Joint Approach to Preventing Homelessness”, August 2012 - https://www.gov.uk/government/publications/making-every-contact-count-a-joint-approach-to-preventing-homelessness

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The toolkit has been split into three parts. This part covers broad strategic

considerations, legal imperatives and provides advice on homelessness reviews,

consultation and partnership working. It provides practical advice on how to go about

developing a homelessness strategy.

The second part focuses on practical operational suggestions to support local

authorities to develop ‘Gold Standard’ services and align their strategies and plans

with the 10 ‘local authority challenges’ set by government.

Part three provides a factsheet summarising the overall content of the toolkit, and

includes some good practice examples.

Local authorities are encouraged to ensure robust preventing homelessness

strategies are in place, and that they are delivered in partnership.

Please note that this toolkit represents the views of practitioners. It does not

represent legal advice or opinion, nor does it represent statutory guidance or

government. Local authorities are encouraged to seek specific advice to satisfy

themselves on any issues or questions raised.

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Changing context for homelessness services

Legislative amendments and The Homelessness Reduction Act 2017

The homelessness legislation is set out in Part 7 of the Housing Act 1996 and this

provides the statutory framework and duties for local housing authorities to take

action to prevent homelessness and provide assistance to people who are

threatened with homelessness or who are actually homeless.

In 2002, the homelessness legislation was amended via the Homelessness Act 2002

and the Homelessness (Priority Need for Accommodation) (England) Order 2002.

These amendments placed a requirement on housing authorities in England to

formulate and publish a homelessness strategy based on the results of a review of

homelessness in their district. They also strengthened the safety net for vulnerable

people by extending the priority need categories to homeless 16 and 17 year olds;

care leavers aged 18, 19 and 20; people who are vulnerable as a result of time spent

in care, the armed forces, prison or custody, and people who are vulnerable because

they have fled their home because of violence

The Homelessness Reduction Act 2017 significantly reformed England’s

homelessness legislation by placing duties on local authorities to intervene at earlier

stages to prevent homelessness in their areas. It also requires housing authorities to

provide homelessness services to every household who is homeless or threatened

with homelessness, and not just those who are considered to be in ‘priority need’.

These duties include:

a. an extension to the period that a household is considered to be threatened

with homelessness in, from 28 days to 56 days, meaning that housing

authorities are required to work with people to prevent homelessness at an

earlier stage;

b. a new duty to take reasonable steps to prevent homelessness for every single

household that is threatened with homelessness. This duty can generally take

effect for a period of up to 56 days.

c. a new duty for those who are already homeless so that housing authorities will

take steps support households to relieve their homelessness by helping them

to secure accommodation. This duty can generally take effect for a period of

up to 56 days.

The Homelessness Reduction Act 2017 is expected to come into force in April 2018.

The commencement date will be confirmed in regulations laid as secondary

legislation.

Wider change and reform

Since May 2010, successive governments have implemented a programme of

change and reform. The national reform agenda has meant local homelessness

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services needed to adapt quickly to deliver services more efficiently, and to mitigate

potential homelessness impacts arising from welfare reforms10.

The list of developments in national policy contained in the box below pick out some

of the key changes that have had - and will have - a direct impact on the way in

which local housing authorities deliver allocations, lettings and homelessness

services to their communities

• Emergency budget - 22 June 2010

• Comprehensive Spending Review -

20 October 2010

• Localism Bill -13 December 2010

• Affordable Homes Framework – 15

Feb 2011

• New Homes Bonus scheme design -

17 Feb 2011

• Welfare Reform Bill -17 Feb 2011

• Budget - 23 Mar 2011

• No Second Night Out in London – 1

Apr 2011

• No Second Night Out Nationwide – 6

Jul 2011

• Localism Act 2011 – 15 Nov 2011

• Laying the Foundations: A Housing

Strategy for England – 21 Nov 2011

• Allocation of accommodation:

Guidance for local housing

authorities in England – Consultation

- 5 Jan 2012

• Welfare Reform Act 2012 – 8 Mar

2012

• Social Justice – Transforming Lives

– 13 Mar 2012

• Legal Aid, Sentencing and

Punishment of Offenders Act 2012 –

1 May 2012

• Homelessness (Suitability of

Accommodation) (England) Order

2012 – Consultation – 31 May 2012

• Allocations Code of Guidance – 29

Jun 2012

• Supplementary guidance on

the homelessness changes in

the Localism Act 2011 and on

the Homelessness (Suitability

of Accommodation) (England)

Order 2012 – 8 Nov 2012

• The Homelessness (Suitability

of Accommodation) (England)

Order 2012 - 9 Nov 2012

• The Housing Act 1996

(Additional Preference for

Former Armed Forces

Personnel) (England)

Regulations 2012 – 30 Nov

2012

• The Universal Credit

(Transitional Provisions) and

Housing Benefit (Amendment)

Regulations 2013

• The Benefit Cap (Housing

Benefit) (Amendment)

Regulations 2013

• The Universal Credit

Regulations 2013

• The Allocation of Housing and

Homelessness (Eligibility)

(England) (Amendment)

Regulations 2014

• Addressing complex needs:

Improving Services for

Vulnerable Homeless People –

26 March 2015

• Deregulation Act 2015 –

coming into force in stages

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• Making Every Contact Count – 16

Aug 2012

• The Allocation of Housing

(Qualification Criteria for Armed

Forces) (England) Regulations 2012

- 24 Aug 2012

from 1st April 201511

• Comprehensive Spending

Review – 25 November 2015

• Retaliatory Eviction and the

Deregulation Act: Guidance

note – 1st October 2015

• Housing White Paper “Fixing

our Broken Housing Market”

February 2017

• Supported Housing Funding

Consultation

• Homelessness Reduction Act

2017

• Draft Code of Guidance for

Local Authorities October 2017

The list contained in the box below outlines seven key sections in Part 7 (Housing) of

the Localism Act 2011 that are directly relevant to the provision of allocations and

homelessness prevention services:

• Section 150 - Tenancy strategies need to be in place by 15th Jan 2013 (15th Jan

2012)

• Section 153 – Relationship between schemes and strategies (7 June 2012)

• Section 145 – Allocation of housing accommodation (18 June 2012)

• Section 146 – Allocation only to eligible & qualifying persons: England (18 June

2012)

• Section 147 – Allocation Schemes (18 June 2012)

• Section 148 – Duties to homeless persons (9 November 2012)

• Section 149 – Duties to homeless persons (further amendments) (9 November

2012)

The key changes to homelessness legislation contained in sections 148 and 149 of

the Localism Act 201112 commenced on 9th November 201213, alongside a new

statutory suitability order14 and supplementary statutory guidance. These changes

were considered in the NPSS “Access to the Private Rented Sector and Developing

your Private Rented Sector Offer Policy” which can be downloaded from our website

at www.npsservice.org.uk

12 s.148 Localism Act 2011 - http://www.legislation.gov.uk/ukpga/2011/20/section/148 s.149 Localism Act 2011 - http://www.legislation.gov.uk/ukpga/2011/20/section/149/enacted 13 Localism Act 2011 Commencement Order 2 - http://www.legislation.gov.uk/uksi/2012/2599/made 14 The Homelessness (Suitability of Accommodation) (England) Order 2012 - http://www.legislation.gov.uk/uksi/2012/2601/made

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When developing new preventing homelessness strategies, local authorities should

always have regard to the national agenda and to specific legislative changes. Local

authorities will need to take into account the additional duties introduced by the

Homelessness Reduction Act 2017 whenever they conduct a review of

homelessness and start to formulate a new strategy.

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Preventing homelessness strategies; the legal imperative

Section 1 of the Homelessness Act 200215 places a duty on local authorities to

formulate a homelessness strategy by carrying out a homelessness review for the

district. Section 2 of the Homelessness Act 200216 prescribes the considerations that

local authorities should undertake in conducting a review of homelessness and the

purpose of the review in terms of informing a future preventing homelessness

strategy.

The Homelessness Act 2002 determines that local authorities must formulate and

publish a homelessness strategy based on the results of that review – the life of the

strategy should be no more than 5 years, and when the strategy expires or is due for

expiry, the authority must publish a new homelessness strategy.

There is a further duty on local authorities to keep the strategy under review – and

they may modify it from time to time – however, any modifications must be published

and before adoption of a homelessness strategy, or prior to modifying an existing

strategy, the authority must carry out consultation17.

Schedule 7 of the Local Government Act 200318 amends the Homelessness Act

2002 - this amendment means that if a local authority decided to meet the

requirements of the Homelessness Act 2002 by including its homelessness strategy

within the same document as a housing strategy), there is no obligation to publish

the whole of that document. Nevertheless, the local authority may find it beneficial to

publish the entire document on housing related matters.

Section.29 of the Deregulation Act 2015 removed the requirement in s.87 Local

Government Act 2003 for local authorities to publish housing strategies, however –

publication of a homelessness strategy remains a stand-alone statutory

requirement. Local authorities can choose to incorporate it into other strategies

such as the Housing Strategy or the Sustainable Communities Strategy, as long as it

can still be separately identified within that strategy and is published. There may be

risks associated with this approach, which include;

• Detracting from the priority specifically attributed to tackling homelessness

locally

• Disengaging those with a vested interest in homelessness services where

consultation around local housing issues may be undertaken in a broader

context

• Undermining local partnerships’ ability to monitor the homelessness aspects

of the strategy effectively

15 s.1 Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/1 16 s.2 Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/2 17 s.3(8) Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/3 18 Schedule 7 Local Government Act 2003 - http://www.legislation.gov.uk/ukpga/2003/26/schedule/7

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• In a county-wide or sub-regional context, reducing the focus on specific local

nuances, pressures and needs

Wherever possible, it is recommended that local authorities ensure a specific and

distinct local strategy for tackling homelessness is produced, and that it is monitored

by a partnership such as the local Homelessness Forum or equivalent group, with

local partnership sign-off and clear links into the authority’s corporate framework

including other local strategies.

In addition to legislative requirements, under s182 of the Housing Act 199619, the

Secretary of State can issue statutory guidance that housing authorities are required

to have regard to, in exercising their functions under Part 7 of the Housing Act 1996

(as amended).

A draft Homelessness Code of Guidance for Local Authorities has been published in

order to take into account the Homelessness Reduction Act 2017. A copy of the draft

code can be viewed here:

https://www.gov.uk/government/consultations/homelessness-code-of-guidance-for-

local-authorities

The code is current in draft form, with a consultation on it running until 11th

December 2017. A final version of the updated code is due to be published in spring

2018.

The draft code includes detailed information and guidance for local authorities to

have regard to when conducting homelessness reviews and formulating a

homelessness strategy. Chapter 2 of the code of guidance covers this in detail.

An important point to note in the draft code of guidance is that local housing

authorities should consider the benefits of cross-boundary co-operation, and that

authorities may wish to collaborate to produce a joint homelessness strategy

covering a sub-regional area.

A cross-boundary co-operation approach will also support local authorities to

manage and respond to referrals from specified public bodies under the s.213B duty

to refer, and develop effective joint working relationships that are able to successfully

prevent homelessness.

19 s.182 Housing Act 1996 - http://www.legislation.gov.uk/ukpga/1996/52/section/182

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Links to other strategies and plans

It is essential that the homelessness strategy should link with other strategies and

plans that aim to address the wide range of factors that could contribute to

homelessness in the local area. It will be important to consider how these strategies

and plans, which could encompass aspects of local health, justice or economic

policy for example, can help achieve the objectives of the homelessness strategy.

Local authorities should ensure that their homelessness strategy is co-ordinated with

and links in to the Health and Wellbeing Strategy. Each local authority now has a

legal duty under the Health & Social Care Act 2012 to take such steps as it considers

appropriate for improving the health of the people in its area, and hhis includes

people experiencing homelessness or at risk of homelessness.

The new s.213B duty to refer in the Homelessness Reduction Act should also be

incorporated into the homelessness strategy. This duty will require specified public

bodies to notify a housing authority whenever they come into contact with a person

who is homeless or threatened with homelessness. Local authorities should have

clear regard to this in their homelessness strategy, and establish local agreements

and joint working arrangements with all specified public bodies in regard to referrals.

The additional duties to prevent and relieve homelessness within the Homelessness

Reduction Act 2017 will require consideration within the local authority’s allocation

scheme. The Act allows for a prevention duty or a relief duty to be met via an offer of

accommodation via a Pt 6 allocation scheme, so it may be necessary to review the

scheme in light of the homelessness reduction Act changes, and consider any

additional categories of reasonable preference.

• People owed the prevention duty are owed a duty under s.195 and so they

will be entitled to reasonable preference;

• People owed the relief duty are homeless and so they will be entitled to a

reasonable preference under s.166A(3)(a);

• When the relief duty comes to an end, if the person remains homeless and is

accommodated under s.190(2) or s.193(2) duties, he or she will be entitled to

a reasonable preference under s.166A(3)(b

Section 153 of the Localism Act 201120 came into force by commencement order on

7th June 2012 and prescribes the relationship between schemes and strategies that

local authorities must have regard to in developing or modifying their local preventing

homelessness strategies:

153 Relationship between schemes and strategies

20 s.153 Localism Act 2011 - http://www.legislation.gov.uk/ukpga/2011/20/section/153/enacted

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In section 3 of the Homelessness Act 2002 (homelessness strategy) after subsection (7) insert — “(7A) In formulating or modifying a homelessness strategy, a local housing authority in England shall have regard to— (a) its current allocation scheme under section 166A of the Housing Act 1996, (b) its current tenancy strategy under section 150 of the Localism Act 2011, and (c) in the case of an authority that is a London borough council, the current London housing strategy.”

s.153 enshrines in legislation the relationship between the local authority

homelessness strategy and the allocations policy and tenancy strategy.

As part of the approach to reviewing homelessness, local authorities who are

considering moving to a ‘managed waiting list’ approach (by restricting the existing

qualifying criteria for their local housing register), are encouraged to consider

carefully the meaning of paragraph 3.19 of the “Allocation of Accommodation:

Guidance for Local Authorities in England [2012]”21:

“Housing authorities are encouraged to adopt a housing options approach as part of

a move to a managed waiting list. A strong and pro-active housing options approach

brings several benefits: people are offered support to access the housing solution

which best meets their needs (which might be private rented housing, low cost home

ownership or help to stay put); expectations about accessing social housing are

properly managed; and social housing is focused on those who need it most. A lower

waiting list can also be a by-product.”

The delivery of comprehensive housing options at the first point of customer contact

is a relevant consideration for local homelessness strategies – where managed

waiting lists have been introduced or are under consideration, planning for how local

services will respond to front of house demands in future will be important in light of

the 2012 statutory guidance on allocations. Local authorities should consider any

revised allocations policy in relation to local connection criteria alongside any policy

they adopt concerning ending the main housing duty with a Private Rented Sector

Offer (PRSO) (a policy is a requirement by virtue of paragraph 14 of the 2012

supplementary statutory guidance22).

21 Allocation of Accommodation: Guidance for Local Authorities in England [2012] –

https://www.gov.uk/government/publications/allocation-of-accommodation-guidance-for-local-housing-authorities-

in-england

22 Supplementary guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012 -

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Where allocations policy local connection criteria becomes more stringent than the

criteria outlined in s199 of the Housing 1996 (as amended) 23 , households not

accepted under the new allocations criteria, may be owed the main duty under

homelessness legislation 24 (and the authority - having chosen to consider local

connection factors – has been satisfied that the household can demonstrate a local

connection 25 ). In such cases the PRSO Policy may need to reflect that these

households need to be made one or more PRSOs in order for the main duty to be

ended.

Section 153 of the Localism Act 201126 states local tenancy strategy considerations

regarding local provision such as affordable rented accommodation and flexible

tenure, should feed into the local preventing homelessness strategy, and vice versa.

When modifying a local preventing homelessness strategy, local authorities will wish

to incorporate the local approach to ending the main duty into the Private Rented

Sector through the use of PRSOs. This will be to ensure that any local PRSO policy

is taken into account in future plans for preventing and tackling homelessness. On

9th November 2012, Sections 148 and 149 of the Localism Act came into force,

which introduced new powers to enable the main housing duty under s193 of

Housing Act 1996 to be ended with offers of accommodation in the private rented

sector that do not require the applicant’s consent. For further information regarding

s148 & s149 and working with the PRS & developing PRSO policies, please see the

NPSS “Access to the Private Rented Sector and Developing your Private Rented

Sector Offer Policy” which can be downloaded from our website at

www.npsservice.org.uk

Local authorities should ensure that wherever possible the strategy links to local

partner Registered Provider homelessness action plans, along with all other local

strategies and plans that may be appropriate – for example, the local authority

Housing Strategy, Welfare Reform and Financial Inclusion strategies, Empty Homes

Strategy, corporate aims and objectives, Domestic Violence Strategy, Youth

Strategy, DAAT, Health and Wellbeing Strategies, Learning Disability Strategy,

Community Safety Strategy (this list is not exhaustive). The strategy should have

appropriate corporate buy in and support to ensure that all relevant departments are

committed to homelessness prevention and to supporting the delivery of the

strategy.

https://www.gov.uk/government/publications/homelessness-changes-in-the-localism-act-2011-supplementary-guidance 23 s.199 of the Housing Act 1996 - http://www.legislation.gov.uk/ukpga/1996/52/section/199 24 S.193 of the Housing Act 1996 (as amended) - http://www.legislation.gov.uk/ukpga/1996/52/section/193 25 Paragraph 18.4 of the Homelessness Code of Guidance for Local Authorities [2006]: “Referrals are discretionary only: housing authorities are not required to refer applicants to other authorities. Nor are they, generally, required to make any inquiries as to whether an applicant has a local connection with an area” 26 s.153 Localism Act 2011 - http://www.legislation.gov.uk/ukpga/2011/20/section/153/enacted

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Benefits of preventing homelessness strategies

Homelessness has a detrimental effect on individuals, families and communities and

can undermine social cohesion. Homelessness can be linked to alcohol and drug

abuse, poor physical & mental health, crime and anti-social behaviour, poor

educational attainment, debt, unemployment and the breakdown of support

networks. Tackling the effects of homelessness can be costly to the public purse

when compared to the costs associated with proactively seeking to prevent

homelessness in the first place27.

The DCLG continues to recognise the importance of preventing homelessness and

set out 10 “Local Authority Challenges” in the recently published “Making Every

Contact Count: A Joint Approach to Preventing Homelessness” report28.

Developing effective local strategies in partnership, to prevent & tackle

homelessness proactively is a positive step towards achieving the “Gold Standard”

represented by the 10 challenges. The challenges emphasise the importance of

robust local preventing homelessness strategies, and a comprehensive housing

options offer to people who are homeless or at risk of homelessness. One of the

challenges specifically relates to effective local homelessness strategies to meet

emerging need29.

The ten local challenges the government has posed to the sector are to:

1. adopt a corporate commitment to prevent homelessness which has buy in

across all local authority services 2. actively work in partnership with voluntary sector and other local partners to

address support, education, employment and training needs 3. offer a Housing Options prevention service, including written advice, to all

clients 4. adopt a No Second Night Out model or an effective local alternative

27 Department for Communities & Local Government “Evidence Review of the Costs of Homelessness”, August

2012 - provides an overview of evidence held by government and other organisations relating to the financial

costs to government of homelessness. The footnotes within the report signpost a range of research and evidence

supporting the need to prevent and tackle homelessness effectively –

https://www.gov.uk/government/publications/costs-of-homelessness-evidence-review

28 The second Ministerial Working Group report on homelessness, “Making Every Contact Count: A Joint

Approach to Preventing Homelessness”, August 2012 - https://www.gov.uk/government/publications/making-

every-contact-count-a-joint-approach-to-preventing-homelessness

29 “have a homelessness strategy which sets out a proactive approach to preventing homelessness and is reviewed annually so that it is responsive to emerging needs” - “Making Every Contact Count: A Joint Approach to Preventing Homelessness”, August 2012

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5. have housing pathways agreed or in development with each key partner and client group that includes appropriate accommodation and support

6. develop a suitable private rented sector offer for all client groups, including advice and support to both clients and landlords

7. actively engage in preventing mortgage repossessions 8. have a homelessness strategy which sets out a proactive approach to

preventing homelessness and is reviewed annually so that it is responsive to emerging needs

9. not place any young person aged 16 or 17 in Bed and Breakfast accommodation

10. not place any families in Bed and Breakfast accommodation unless in an emergency and then for no longer than 6 weeks

There is a body of evidence that demonstrates investment in local homelessness

prevention services saves significant amounts of public money, across statutory

agencies including housing, health, criminal justice and community safety. In August

2012 the government published a report bringing together the costs of homelessness

which can be downloaded using the link below:

https://www.gov.uk/government/publications/costs-of-homelessness-evidence-review

When seeking to make the case for future investment in front line homelessness

prevention services, local housing authorities are encouraged to make use of the

free tools available on the NPSS website, including the Diagnostic Peer Review

toolkit

Investment in front line services is critical to supporting our most vulnerable

households. The local preventing homelessness strategy should be used as a

vehicle to promote this. It should seek to identify funding sources across a range of

partnerships and emerging opportunities throughout the life of the strategy.

Building the case for investment in homelessness services should form one vital

element in the development of successful local homelessness strategies, not least in

the current economic climate.

With this in mind, the local preventing homelessness strategy should include an

explicit commitment from the lead elected member for housing to early intervention

across all client groups and to maintaining investment in front line services. Including

a clear statement in the preventing homelessness strategy foreword will support

ongoing corporate investment in local homelessness services, encourage buy-in,

and demonstrate the local authority publicly recognising that preventing

homelessness represents a local priority; it is both better and more cost effective

than seeking to assist households through statutory homelessness provisions or by

bringing them inside from sleeping rough on the streets.

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Preventing homelessness grant

In September 2012, the Government confirmed the continued investment in local

authority Preventing Homelessness Grants for the following two years. This grant

funding continued in 2015/16 and it has been confirmed that the grant allocation will

continue until 2020, with indicative figures provided for each year till then. The grant

funding information can be downloaded here (the prevention grant amount for each

LA is set out in column E)

https://www.gov.uk/government/publications/core-spending-power-visible-lines-of-

funding-2017-to-2018

The prevention grant funding allows local authorities to commission and deliver

essential homelessness prevention services and it is hoped these considerations will

feed into local preventing homelessness strategies.

This grant funding is now rolled into the Business Rate Retention Scheme (BRRS)30.

This is a change to the funding mechanism and not the grant itself. Moreover, the

government has determined not to change the allocation method as a result of

Homeless Prevention Grant being rolled into BRRS. It is not yet clear what the

mechanism for the grant will be post 2020, as the BRRS scheme will be scrapped,

with the intention that all local authorities will collect and retain their own business

rates. Any homelessness strategy with a lifetime longer than 2020 should have

regard to the potential impact locally of this change to the funding mechanism.

It will continue to be vital that local housing authorities are proactive about ensuring

the homelessness prevention grant funding is being identified for the purposes of

supporting the prevention of homelessness locally. The government is clear that this

vital resource is intended to support the most vulnerable households in our

communities.

Local authorities are encouraged to direct their Preventing Homelessness Grant

allocation to support the development of ‘Gold Standard’ homelessness prevention

services. The NPSS Diagnostic Peer Review toolkit is available free on our website

(www.npsservice.org.uk/) and should be used to support local authorities to improve

through structured peer reviews and bite size reviews that focus on effective service

improvement plans. The Diagnostic Peer Review Toolkit will also support local

housing authorities in developing the local case for ongoing investment in prevention

initiatives.

30 The technical details of how the Government proposes to move Preventing Homelessness Grant into the BRRS were consulted on – this consultation closed on 24th September 2012:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11400/21825021.pdf

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Key factors to consider when undertaking homelessness

reviews

• Ensure that a review of homelessness31 underpins the strategy and that it is

robust and meaningful. It should consider all available evidence, including up to

date statistical information32, and involve partner agencies, organisations and the

local private rented sector33.

• The review should incorporate comprehensive needs assessment, service

mapping and a review of resources available to tackle homelessness in the local

area34. In this way the review should ensure that the local strategic response to

homelessness is undertaken with demonstrable awareness and inclusion of all

advice and support provision in the area, and considers how it is funded where it

supports and contributes to the prevention of homelessness. It should also

involve consultation, which is explored in more detail in the following

‘Consultation Approach’ section of this toolkit.

• The review should assess the impact of the Homelessness Reduction Act 2017,

and carefully consider any additional resource requirements needed as a result,

particularly the additional duty to prevent and relieve homelessness in all cases,

the s.213B duty to refer and effective partnership working to help early

intervention and prevention. Elements of a prevention strategy should consider

how the local authority will;

• Ensure the provision of advice and information on preventing

homelessness and accessing help when homeless to all residents in

the district.

• Adopt an early identification approach to maximize prevention

opportunities, including pre-crisis intervention

• Prevent recurring homelessness and identify applicants who are at

most risk repeat homelessness.

• Work in partnership to prevent homelessness and improve outcomes

for customers.

• The expanded data collection and performance monitoring and reporting

requirements in the H-CLIC statistical data returns should also be considered.

31 As required by s.1 & s.2 of the Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/contents 32 The Homelessness Advisors’ Self Diagnostic Toolkit includes a “Statistical Compiler” that can generate basic benchmarking and performance statistics across a range of activity – www.nhas.org.uk 33 See Part 3 of the Homelessness Advisors’ “Working with the Private Rented Sector and Developing a Private Rented Sector Offer Policy” Toolkit for further advice on consulting private landlords – www.nhas.org.uk 34 As required by s.2 of the Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/2

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• Consider the 10 “Local Authority Challenges” or “Gold Standard” with reference

to the review - to focus the local preventing homelessness strategy on supporting

attainment of the “Gold Standard”35.

• Peer reviews using the NPSS Diagnostic Toolkit will support local authorities to

develop clear continuous improvement plans and analyse the customer journey –

the results of undertaking diagnostic peer reviews should form the basis for local

Preventing Homelessness Strategy action plans. In addition, use of the

“Diagnostic Peer Review Toolkit” will allow for local authority applications for

‘Gold Standard’ status. This will trigger support from the regional Local Area

Practitioner, where a peer review has been undertaken by 3 or more local

authorities and the local housing authority is awarded an overall score of 60% or

more by its peers within the “Diagnostic Peer Review Toolkit” score card.

• The review should carefully consider local historical trends and seek to sensibly

predict what future pressures may arise - taking into account emerging factors

such as welfare reform and economic change.

• Review how the service is capturing data as part of the review process and

ensure that any relevant information captured outside the statutory homelessness

framework is included in the review. Where there are gaps in strategic

information available, the local authority may wish to consider setting up

appropriate mechanisms by which to capture and report this data in future.

• Ensure equality and diversity issues are actively considered and any

disproportionate impacts on specific groups are identified and fed into the

strategy. The Local Government Association (LGA) revised its Social Housing

Equality Framework 36 and its Equality Framework for Local Government 37 in

September 2015. These frameworks aim to assist Council’s undertaking reviews

of allocations and other policies to ensure that they are meeting the requirements

of equalities legislation (Equality Act 2010)38.

35 As set out in “Making Every Contact Count: A Joint Approach to Preventing Homelessness”, August 2012

36 Further detail regarding the Social Housing Equality Framework can be viewed here:

http://www.local.gov.uk/equality-frameworks/-/journal_content/56/10180/3476545/ARTICLE 37 Further detail regarding the Equality Framework for Local Government can be viewed here:

http://www.local.gov.uk/equality-frameworks/-/journal_content/56/10180/3476575/ARTICLE

38 Equalities Act 2010 - http://www.legislation.gov.uk/ukpga/2010/15/contents

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Consultation approach

Who to consult:

Section 3(8) of the Homelessness Act 2002 states that before adopting or modifying

a homelessness strategy, local authorities shall consult such public or local

authorities, voluntary organisations or other persons as they consider appropriate39.

Within this parameter, it is a decision for the local authority as to whom it shall

consult.

In addition to broad measures taken to consult with stakeholders and partners, the

local authority should consider specific consultation exercises with local strategic

groups, including the local Health and Wellbeing Board 40 , so that the strategy

contributes to the integration of local service delivery across a range of partnership

activity. Local DWP partners such as Job Centre Plus may be approached in light of

ongoing welfare reform and economic changes.

The scope of those who will be consulted could also include service users across a

range of local services. The value of consulting service users has been

demonstrated in a number of areas through the innovative engagement of current

and ex-service users to identify weaknesses in local responses and what is working

well. The value of recommendations provided by service users with experience of

local homelessness services can be demonstrated by the comprehensive set of

recommendations developed by a committee of people with experience of sleeping

rough, working with registered charity ‘Groundswell’41.

It is likely that for most local authorities, sustaining tenancies in the private rented

sector, and sustaining access to private rented sector tenancies, will form two

fundamental aspects of the local strategy to prevent and tackle homelessness. Local

authorities should consider involving private rented sector landlords in their

homelessness strategy consultation so that they are involved in developing and

framing local plans that are being designed to attract them to work with local

homelessness services in future.

For a local authority preventing homelessness strategy to be robust, it is

recommended that participation is sought from a wide range of partner agencies

(statutory and voluntary sector), stakeholders, elected members, service users - and

staff within the local authority itself.

39 s.3(8) Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/3 40 Department of Health information on Health & Wellbeing Boards - http://healthandcare.dh.gov.uk/hwb-guide/ 41 The “Homeless People’s Commission Full Report” can be downloaded here: http://www.groundswell.org.uk/hpcfullreport.pdf

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Including the views of front line operational staff can be invaluable when seeking to

target elements of the service so that they work more effectively to support and

assist people at risk of homelessness. Operational staff may already know first-hand

where there are gaps in the local response and may already have a ‘wish-list’ of

improvements and quick wins that could make a positive contribution to the local

strategic approach. It may be useful to consult front line staff in focus groups using

scripted prompts to tease out views on the current service and identify areas for

improvement42.

Ultimately, the local authority decision on whom to consult is unlikely to be

susceptible to challenge provided it is ‘reasonable’ in the ‘Wednesbury’ sense – that

is, with regard to the test of reasonableness set out in the case of Associated

Provincial Picture Houses Ltd v Wednesbury Corporation (1948)43.

Nevertheless, it is good practice to seek broad participation in preventing

homelessness strategy development to deliver robust and effective strategies. This

approach will support the local authority to satisfy local challenge 8 of the Gold

Standard Programme 44 , to “have a homelessness strategy which sets out a

proactive approach to preventing homelessness and is reviewed annually so that it is

responsive to emerging needs”

42 The Homelessness Advisors’ Self Diagnostic Toolkit contains a range of interview prompt sheets, including for focus groups with local authority staff, and meeting with partner agencies to gauge views on local service provision – www.nhas.org.uk

43 The case of Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) –

http://www.bailii.org/ew/cases/EWCA/Civ/1947/1.html

44 As set out in “Making Every Contact Count: A Joint Approach to Preventing Homelessness”, August 2012

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Planning and consultation timeline

Consultation requires careful planning; allowing sufficient time for stakeholders and

partners to respond to consultation will improve the quality of responses. In July

2012 the government published new guidance on consultation principles - this

guidance does not have legal force and does not prevail over statutory or mandatory

requirements - however, it provides useful advice on the principles of consulting45.

In light of the complexity of preventing homelessness strategies, and that the

interested parties in any given area will be diverse - it is recommended that local

authorities consult on their homelessness strategies for a minimum period of 12

weeks.

Basic principles for successful consultation:

In addition to the considerations outlined above, local authorities may wish to reflect

on the bullet points below when framing their homelessness strategy consultation:

• Formal consultation should take place at a stage when there is scope to

influence the strategy, the delivery plan and any proposed changes to local

service delivery, and should provide adequate time for responses to be

formulated to achieve full and meaningful participation across those agencies

and individuals being consulted.

• Consultation documents should be clear about the consultation process, what

is being proposed within the local preventing homelessness strategy, the

scope of the consultation including time frame, and the scope for participants

to influence the strategy. Where appropriate, local authorities should highlight

any anticipated costs and benefits of specific proposals within the preventing

homelessness strategy.

• The consultation should be accessible and targeted at those people it is

intended to reach – this may mean the consultation exercise will need to be

undertaken across a range of mediums and approaches if it is to be effective.

• Local authorities may wish to consult with the local private rented sector in

addition to statutory and voluntary sector partners - the local private rented

45 The Consultation Principles Guidance can be downloaded here:

http://www.cabinetoffice.gov.uk/resource-library/consultation-principles-guidance

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sector should play a vital role in supporting the local approach to preventing

and tackling homelessness46.

• Participation in the consultation should not be too onerous for people to be

able to fully engage in the process, or so that participating in the preventing

homelessness strategy consultation becomes overly burdensome.

• Responses should be collated and analysed carefully, with feedback to

participants built in to the consultation process.

• Practical considerations concerning timing of the consultation should form part

of the planning process - for example, if consultation will be held over the

summer holiday period, or over Christmas, it may be appropriate to extend the

length of the consultation.

• Remember, when seeking views on the local preventing homelessness

strategy, it is important to seek views of local authority staff responsible for the

delivery of existing services, alongside other stakeholders and partners in the

local strategic response to tackling homelessness. Involving front line

operational staff in framing the strategy should get them to ‘buy into’ the future

delivery plan and understand how their role will contribute to the overall

success of the new strategy.

• Review ongoing customer feedback and invite customers’ views as part of the

consultation process.

• It is important that the consultation is robust and contributes to the local

review of homelessness

46 See Part 3 of the Homelessness Advisors’ “Working with the Private Rented Sector and Developing a Private

Rented Sector Offer Policy”

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Practical considerations

What should the strategy look like?

• Local authorities are encouraged to develop a preventing homelessness

strategy that represents a working document that will drive forward

improvements to local service delivery and that will be responsive to local

needs. In this context, it is important to focus on the delivery plan and

minimise any narrative. The published review and consultation results will

show the evidential context. The delivery plan must be specific, measurable,

achievable, realistic and time-framed (SMART); this will support local

partnerships to be clear about by whom, how and when specific plans will be

delivered. Make the strategy ‘live’, meaningful and part of the agenda for

every local Homelessness Forum (or equivalent) meeting.

• Consider what the appropriate lifespan of the strategy should be. This may

be a decision to take as part of the consultation, or as a result of the outcome

of the consultation and homelessness review. Depending on the scale of

local priorities, it may be sensible to either develop a strategy with a shorter

life than 5 years that will tackle specific key priorities, or to develop a strategy

that covers a longer time frame (up to a maximum of 5 years) with all local

priorities included, and reviewed on a regular basis (this could be annually or

bi-annually).

• Local authorities may consider that in light of ongoing welfare reforms it is

sensible to focus on shorter, more focused, strategic plans.

• Section 1(4) of the Homelessness Act 2002 contains the provision that local

authorities shall ensure that a new homelessness strategy is published within

the period of 5 years beginning with the day on which their last

homelessness strategy was published 47 . This means the life of a local

preventing homelessness strategy cannot be more than 5 years.

• If the local authority opts to publish a 5 year homelessness strategy, there

should be clear and regular mechanisms by which the strategy can be

reviewed to ensure that it remains responsive, current and to incorporate

sufficient flexibility that plans can be altered to accommodate emerging

trends and changes to the national agenda on homelessness.

47 S.1(4) Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/1

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• The strategy should identify short term aims, medium term aims, and long

term aims. Longer term aims may be more or less susceptible to the

changing environment but should be based on key elements of the

homelessness review.

• The local preventing homelessness strategy should concern itself with all

client groups. It should seek to promote the delivery of improved and

improving services to both statutory and non-statutory homeless people in

the local area48. This is vital if the local authority is going to successfully

prevent, reduce and tackle rough sleeping, and deliver a local No Second

Night Out response49. Without focusing on developing a housing options

response for all service users the local authority will be unable to meet all 10

“Local Authority Challenges” that have been set out in the “Making Every

Contact Count” report, which actively encourages local authorities to develop

robust responses to single homelessness 50 alongside the statutorily

homeless.

Who should support the local preventing homelessness

strategy?

The Homelessness Act 2002 is very clear that partnership working is important to

developing and delivering local homelessness strategies51.

• s.1(2) requires the Social Services authority for the district of the authority

(where that is a different local authority) to give such assistance in connection

with the development of the local preventing homelessness strategy as the

authority may require.

• s.1(6) requires the Social Services authority to take the homelessness

strategy for the district into account in the exercise of their functions in relation

to that district.

• s.2(1c) requires that homelessness reviews consider the resources available

to the authority, to the Social Services authority for their district, other public

authorities, voluntary organisations and other persons involved in the delivery

of local homelessness services.

48 s.179 Housing Act 1996 “Duty of Local Authority to Provide Advisory Services” – every local authority has a duty to provide advice and assistance relating to homelessness and the prevention of homelessness, free of charge, to any person in their district. http://www.legislation.gov.uk/ukpga/1996/52/section/179

49 Department for Communities and Local Government published “Vision to End Rough Sleeping: No Second

Night Out Nationwide” in July 2011 - https://www.gov.uk/government/publications/vision-to-end-rough-sleeping--2

50 As set out in “Making Every Contact Count: A Joint Approach to Preventing Homelessness”, August 2012 51 Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/contents

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• s.3(3) suggests the homelessness strategy may include provision for specific

action which the authority expects to be taken by any public authority with

functions which are capable of contributing to the achievement of any

objectives and/or by voluntary sector organisations or other persons whose

activities are capable of contributing to objectives. The inclusion in the local

strategy, of provisions relating to other agencies and organisations, requires

the approval of the body or person concerned.

• s.3(5) requires the local authority to consider the extent to which any of the

objectives associated with preventing and tackling homelessness can be

achieved through action involving two or more bodies or other persons.

The 2017 Draft Code of Guidance for Local Authorities provides further guidance

relating to partnership working. Chapter 2 of the code contains detailed information

on homelessness strategies and reviews, and this suggests that the homelessness

strategy should set out how partners will be involved in all activities taken to prevent

and relieve homelessness, and should consider what practical arrangements are

needed (for example, joint protocols and procedures) to ensure the continued

commitment to joint working to prevent homelessness and improve outcomes.52.

“Section 170 of the Housing Act 1996 (“the 1996 Act”) provides that where an RSL has been requested by a housing authority to offer accommodation to people with priority under its allocation scheme, the RSL must co-operate to such extent as is reasonable in the circumstances53. Similarly, s.213 provides that where an RSL has been requested by a housing authority to assist them in the discharge of their homelessness functions under Part 7, it must also co-operate to the same extent54. Section 3 of the 2002 Act requires housing authorities to consult appropriate bodies and organisations before publishing a homelessness strategy, and this will inevitably need to include RSLs55.”

“The most effective strategies will be those which harness the potential of all the organisations and persons working to prevent and alleviate homelessness in the

district, and which ensure that all the activities concerned are consistent and complementary. It will be important for all such organisations to take ownership of

the strategy if they strive to help meet its objectives.”

Local authorities should undertake a service mapping exercise across all statutory

and voluntary sector partners, as part of the review of homelessness, to inform how

the strategy can be effectively delivered in partnership - and to help identify where

52 Draft Homelessness Code of Guidance for Local Authorities [2017] –

https://www.gov.uk/government/consultations/homelessness-code-of-guidance-for-local-authorities

53 s.170 Housing Act 1996 (as amended) - http://www.legislation.gov.uk/ukpga/1996/52/section/170 54 s.213 Housing Act 1996 (as amended) - http://www.legislation.gov.uk/ukpga/1996/52/section/213 55 S.3 Homelessness Act 2002 - http://www.legislation.gov.uk/ukpga/2002/7/section/3

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the responsibility for delivering specific elements of the local delivery plan can be

delegated to key partners (or groups of partners).

The Health & Social Care Act 2012 established Health and Wellbeing Boards. Health

and Wellbeing Boards have prescribed membership requirements that are set out in

s194(2) of the Health and Social Care Act 2012 - however, local boards are free to

expand their membership to encompass wide ranging expertise including local

housing and homelessness services, and representatives from the voluntary

sector56.

Section 195 of the Act places a duty on local boards to encourage ‘integrated

working’ for the purpose of advancing the health and wellbeing of the people in its

area57.

Upper tier local authorities are encouraged to include local statutory homelessness

services in the membership of Health and Wellbeing Boards. The local housing

authority should undertake to engage local boards in the development and delivery

of the local preventing homelessness strategy. This strategy should be delivered in

partnership, and will directly contribute to the advancement of health (not least

mental health58) and wellbeing in the district – it is therefore crucial that the local

board is engaged in the strategic response to homelessness across its membership.

56s.194 Health & Social Care Act 2012 - http://www.legislation.gov.uk/ukpga/2012/7/section/194/enacted 57 s.195 Health & Social Care Act 2012 - http://www.legislation.gov.uk/ukpga/2012/7/section/195/enacted 58 Department of Health mental health strategy “No health without mental health: a cross government mental health outcomes strategy for people of all ages”, February 2011, makes a very clear link between poor housing conditions, homelessness and the deterioration in mental health. http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_123766

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Statistical links

The NPSS Diagnostic Peer Review toolkit includes a Statistical Compiler that will

produce bespoke basic benchmarking reports at the click of a mouse. It can be

found and used for free at https://www.npsservice.org.uk/

Undertaking desk top statistical reviews can support local authorities and their

partners to develop a highly informed perspective on local pressures, trends and

services. Statistical analysis can be used to target reviews of specific elements of

local responses to understand why there may be performance issues and what could

be improved.

Colleagues may find the following web links to some of the most recently published

datasets helpful:

• ONS neighbourhood level statistics (demographics etc):

o http://www.neighbourhood.statistics.gov.uk/dissemination/

• ONS Labour Market bulletins:

o http://www.ons.gov.uk/ons/publications/allreleases.html?definition=tcm:

77-21589

• Nomis Official Labour Market Statistics Local Authority level search engine:

o https://www.nomisweb.co.uk/reports/lmp/la/contents.aspx

• DoE NEET figures:

o http://www.education.gov.uk/16to19/participation/neet/a0064101/16-to-

18-year-olds-not-in-education-employment-or-training-neet

• Home Office Crime Figures – Local Authority Level:

o http://data.gov.uk/dataset/local-authority-recorded-crime-data

• For all DCLG statistics please use this link:

o https://www.gov.uk/government/organisations/department-for-

communities-and-local-government/about/statistics

• Forthcoming DCLG statistical release list:

o https://www.gov.uk/government/statistics/announcements?utf8=%E2%

9C%93&organisations%5B%5D=department-for-communities-and-

local-government

• For P1E homelessness statistics please use this link:

o https://www.gov.uk/government/organisations/department-for-

communities-and-local-government/series/homelessness-

statistics#statistical-data-sets

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• For the DCLG live tables on homelessness please use this link:

o https://www.gov.uk/government/statistical-data-sets/live-tables-on-

homelessness

• For DCLG rough sleeping figures please use this link:

o https://www.gov.uk/government/publications/rough-sleeping-in-

england-autumn-2011

• For DCLG prevention and relief of homelessness statistics please use this

link:

o https://www.gov.uk/government/publications/homelessness-prevention-

and-relief-england-2011-to-2012

• For the latest Council of Mortgage Lenders press release please use this

link: o http://www.cml.org.uk/news/press-releases/

• For the latest Ministry of Justice Court Possession Statistics please use this

link:

o https://www.gov.uk/government/collections/mortgage-and-landlord-

possession-statistics

• For HCA Housing Statistics please use this link:

o http://www.homesandcommunities.co.uk/housing-statistics